(1) This section sets out the circumstances in which a carriage service is taken, for the purposes of subsections 87(1), (2) and (3), to be supplied to the public.
(2) If:
(a) a carriage service is used for the carriage of communications between 2 end - users; and
(b) each end - user is outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(3) If:
(a) a carriage service is used to supply point - to - multipoint services to end - users; and
(b) at least one end - user is outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(4) If:
(a) a carriage service is used to supply designated content services (other than point - to - multipoint services) to end - users; and
(b) at least one end - user is outside the immediate circle of the supplier of the service;
the service is supplied to the public.
(5) For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister.
(6) A determination under subsection (5) is a legislative instrument.